FCC Record, Volume 13, No. 12, Pages 7754 to 8408, Supplement Page: 8,087

                                
Fedra CmuIcain CmIsso                            FCCII I9II8IIIIIII-27I II

existing CPNI regime. While the Commission previously may have permitted more sharing
of information under the rubric of Computer III and within a pre-1996 Act environment that
limited carriers' market entry, we conclude that Congress drew a specific and different
balance in section 222. To the extent our prior decisions are relevant at all to the
interpretation of section 222(c)(1)(A), they suggest Congress deliberately chose not to
encourage the kind of information sharing that the Commission may have permitted in the
past, and which is now proposed by advocates of the single category approach. For these
reasons, we similarly reject parties' reliance on other statutes; particularly :the .Cibile
Television Consumer Protection and Competition Act (1992 Cable Act)'24 and the Telephone
Consumer Protection Act of 1991 (TCPA),125 as well as the Commission's implementation of
those Acts.126 Neither of these statutes contains the specific and unique language of
section 222 which expressly limits a carrier's "use" of customer information.'27 Again, to the
extent other provisions are probative, they indicate that Congress was clear when it intended
to exempt information sharing within the context of the existing business relationship from
general consumer protection provisions, but chose not to in section 222.
35.    On the other hand, we also conclude, contrary to the suggestion of its
proponents, that the discrete offering approach is not required by the language of
124 Cable Television Consumer Protection and Competition Act. Pub. L. No. 102-385, 106 Stat. 1460
(1992) (codified at 47 U.S.C.  551)(1992 Cable Act). See. e.g.. Bell Atlantic Comments at 8; BellSouth
Comments at 9 BOC Coalition ex parte (filed May 21. 1997) at 16: PacTel ex parte (filed Nov. 22, 1996) at I 1;
USTA Comments at 5; U S WEST Comments at 8. 12 n.30.
125 Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991)(codified at 47
U.S.C.  227)(TCPA). BellSouth Comments at 9.
126 In the Matter of the Telephone Consumner Protection Act of 1991. CC Docket No. 92-90, Notice of
Proposed Rulemaking. 7 FCC Rcd 2736 (1992) (TCPA Notice). AT&T Comments at 8-9; AT&T Reply at 9. In
the Matter of Rules and Regulations Implementing the Telephone Consuntmer Protection Act of 1991, CC Docket
No. 92-90. Report and Order. 7 FCC Rcd 8752 (1992) (TCPA Order). BellSouth Comments at 9; SBC
Comments at 9; SBC Reply at 7; U S WEST Comments at 16-17 n.41; U S WEST exparte (filed Oct. 17,
1996) at 4: U S WEST ex parte (filed Feb. 19. 1997) at 4. U S WEST also cites the Consumer Credit Reporting
Reform Act of 1996. 142 Cong. Rec. H. 11.746  2402(e)(4)(i) (Sept. 28, 1996). U S WEST ex parte (filed
Dec. 2. 1996) at 6 & n.16.
127 The Act allows a general sharing of information "to render a cable service or other services provided by
cable operator to the subscriber." 47 U.S.C.  551 (emphasis added). This language is in contrast to
section 222(c)( 1 )'s restriction on carrier CPNI use only for-the provision of "the telecommunications service
from which the information was derived" or "services necessary to, or used in. the provision of such
telecommunications service." For discussion of TCPA. and Commission's implementation of that Act, see infra
Part V.B.2.

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Federal Communications Commission

FCC 98-27